JUDGMENT

This appeal has been filed by the appellant / complainant against the respondents / opposite parties challenging the order dated 18/04/2023 passed by the Learned District Consumer Disputes Redressal Forum, Kolkata, Unit-II ( in short, ‘the District Commission’) in connection with complaint case No. CC/371/2020 whereby the Learned District Commission allowed the complaint filed by the appellant / complainant.

2. The appellant / complainant instituted a complaint case being No. CC/371/2020 against the respondents / opposite parties praying for the following reliefs :-

“i) To handover possession of the Schedule mentioned property to the Complainant by waiving payment of the balance consideration money of Rs.1,37,500/- + applicable taxes (for the said car parking space) + Rs.89,000/- + Tax (for the said flat) by adjusting the same against the compensation due and payable to the Complainant in terms of Clause 11d of GTC and at the time of handing over of such possession to handover completion certificate and/or occupancy certificate related to the Schedule mentioned property to the Complainant;

ii) To withdraw all present and future demands of CAM charges and to raise fresh demand only upon handing over possession of the Schedule mentioned property to the Complainant;

iii) To pay the balance compensation to the Complainant, calculated @ Rs.12.50 per sq. ft. with effect from 1.9.2017 till the date of handing over of possession of the Schedule mentioned property in its entirety to the Complainant, upon deducting the amount adjusted against balance consideration money of Rs.1,37,500/- + applicable taxes (for the said car parking space) + Rs.89,000/- + Tax(for the said flat), for delayed delivery of the Schedule mentioned property, in terms of Clause 11(d) of the GTC [As on the date of filing of this complaint the

compensation amount stands at Rs.4,16,000/-]

iv) To withdraw the Notice dated 3.2.2020 and to issue a fresh demand as per actual

v) To restrain the Opposite Parties herein from cancelling or rescinding the GTC/ Agreement in respect of the Schedule mentioned properties in any manner or form and to prevent them from letting out and/or alienating the Schedule mentioned property in favour of third Party and /or restraining the Opposite Parties from creating any right, liability or interest therein in favour of anyone except the Complainant herein;

vi) To execute and register appropriate Deed of Conveyance in respect of the Schedule mentioned properties in favour of the Complainant immediately;

vii) To pay Compensation of Rs.5,00,000/- for causing hardships, mental harassment and agony, etc. to the Complainant;

viii) To pay Litigation costs to the tune of Rs.60,000/- to the Complainant;

ix) To pay Cost of Legal Notice of Rs.5,000/- to the Complainant;

x) To pass such further and/or other order or orders and/or direction or directions as Your Honour may deem fit and proper in the interest of justice.”

3. The respondents / opposite parties entered appearance in this case and were contesting the case by filing written version and denying the allegations made in the petition

of complaint. In support of their claim both parties have tendered evidence and the complainant has also relied upon some documents annexed with the petition of complaint. Both the parties have filed questionnaires and replies against each other. Both the parties also filed BNA before the Learned District Commission.

4. After hearing both sides and considering the facts and circumstances of the case the Learned District Commission was pleased to allow the complaint case being No. 371 of 2020 by the order impugned which is reproduced as under :-

“a) to hand over the possession of the said flat and car parking space and also pay compensation charges to be calculated @ of Rs.12.50 per square feet of the chargeable area of the apartment per month with effect from the schedule date of possession till the date of possession to the complainant as per Gene